Terms &
conditions
1. Scope, Pre-contractual Information and Acceptance
1.1. Scope
These General Terms and Conditions of Sale (the “GTC”) apply, without restriction or reservation, to all services provided by SIGNATURE F.L.O., a French simplified single-member joint-stock company (SASU) with share capital of €10,000, registered with the Lyon Trade and Companies Register under number 105 853 436, having its registered office at 12 B, rue du Fort, 69740 Genas, France, Tel.: +33 (0)6 73 19 39 82, Email: contact@signatureflo.com, Website: www.signatureflo.com – hereinafter referred to as “Signature F.L.O.” – to its customers, whether consumers within the meaning of the introductory article of the French Consumer Code, non-professional customers or professional customers (hereinafter collectively referred to as the “Client”).
Certain provisions of these GTC apply only to consumer Clients; such provisions are expressly identified as such in the body of these GTC.
1.2. Pre-contractual Information
Prior to entering into any contract, Signature F.L.O. enables the Client to obtain information regarding the essential characteristics of the services, the price or method of calculation, the estimated delivery times, payment terms, and any other information required under the French Consumer Code for consumers and the French Commercial Code for professionals.
For consumer Clients, Signature F.L.O. provides clear and comprehensible information, including:
- a detailed description of the assignment (scope, limitations and deliverables);
- the total price including VAT or, where the price cannot be determined in advance, the method of calculation and, where applicable, any additional costs;
- the date or period within which Signature F.L.O. undertakes to provide the services, distinguishing, where applicable, between the different phases (studies, deliverables and project monitoring);
- the existence of any applicable right of withdrawal for contracts concluded off-premises or at a distance, and the applicable terms and conditions;
- the statutory warranties and, where applicable, any contractual warranties applicable to the services;
- the procedures for handling complaints and for referring the matter to a consumer mediator.
1.3. Reception of Clients
Signature F.L.O. receives clients by appointment only, from Monday to Friday, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 p.m.:
MODULNOVA LYON Showroom
41 rue de la Charité
69002 Lyon – France
BEAULIEU CONSTRUCTION Showroom
122 Route de Grenoble
69800 Saint-Priest – France
1.4. Evidence of Information and Acceptance of the GTC
Signature F.L.O. retains all documents that may serve as evidence that it has fulfilled its pre-contractual information obligations (signed quotation, contract and written correspondence).
The Client’s signature of the quotation or contract constitutes full and unconditional acceptance of these GTC, which shall prevail over any other conflicting document, unless otherwise expressly agreed in writing and accepted by Signature F.L.O.
2. Definitions
Client: any individual or legal entity, whether a consumer or a professional, using the services of the Service Provider.
Consumer: any individual acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity.
Professional Client: any individual or legal entity acting for purposes falling within the scope of their commercial, industrial, craft, professional or agricultural activity, including when acting in the name or on behalf of another professional.
Quotation: a detailed commercial proposal describing the assignment, its price, terms and estimated schedule, the acceptance of which constitutes the contract.
Deliverables: documents provided to the Client as part of the assignment (plans, sketches, renderings, mood boards, specifications, etc.).
Design Assignment: study, consulting, design and space-planning services, excluding the physical execution of the works.
Site Supervision / Delegated Project Management Assignment: additional services relating to coordination, verification of compliance with the project and supervision of contractors, where expressly included in the quotation.
3. Quotation, Order and Formation of the Contractt
Any intervention shall be subject to a quotation or letter of engagement specifying:
- the nature and scope of the assignment (one-off consultation, study, plans, site supervision, etc.);
- the estimated schedule;
- the price and payment terms;
- the respective responsibilities of the Service Provider, the Client and the contractors involved.
The contract shall be formed on the date on which the Client signs the quotation or letter of engagement, or provides written approval, including electronically.
For contracts concluded remotely or off-premises with a consumer (or a professional benefiting from Article L221-3 of the French Consumer Code), the date of conclusion shall trigger the withdrawal period under the conditions set out in Article 14 below.
4. Description of the Services
The services provided by Signature F.L.O. are, by their nature, consulting, design and assistance services. Depending on the Client’s needs, these services may include the preparation of 2D and 3D plans, renderings, space-planning proposals, concepts, materials, colours and furniture selections, the selection of contractors, and the preparation of building permit and prior works declaration applications (within the scope of an interior designer’s professional qualifications and for treated areas of less than 150 m²).
The recommendations provided are intended solely to inform the Client about the various possibilities for modifying a space, including layout, colour, materials and lighting. Under no circumstances shall they be considered as an engineering or technical consultancy assessment.
Depending on the quotation, the services may include:
- Consultation visits and oral or written recommendations;
- Preliminary studies, sketches, preliminary designs, plans and 3D views;
- Detailed design (execution drawings, technical specifications, selection of materials and colours);
- Assistance with the consultation of contractors (analysis of quotations and assistance with contractor selection);
- Supervision of the execution of the works and monitoring of the budget defined by the Client;
- Ordering and delivery of furniture and decorative items based on proposals;
- Handover of the works and monitoring of any outstanding items or defects.
With regard to assistance with the coordination of works, Signature F.L.O.’s services consist of putting the Client in contact with qualified professionals in the interior design and construction sectors. The Client enters into a direct and independent contractual relationship with each professional after ensuring that the products and services offered meet their expectations.
Signature F.L.O. undertakes to perform its assignment in accordance with professional standards and its professional ethical obligations, on a best-efforts basis both prior to and following handover of the works.
5. Prices – Fees
Fees are determined:
- either on a fixed-fee basis for a defined assignment (e.g. consultation visit, study, complete project);
- or as a percentage of the total pre-tax cost of the works;
- or based on the time spent, according to an hourly rate specified in the quotation.
Prices are expressed in euros, exclusive of tax and inclusive of all applicable taxes, with the applicable VAT rate clearly indicated.
For professional Clients, specific pricing terms may be provided for (discounts, specific payment terms, etc.) and shall be stated in the quotation.
6. Payment Terms
Unless otherwise stipulated in the quotation:
- a deposit of 30% of the total amount is payable upon placing the order;
- the balance shall be invoiced according to the progress of the assignment (by phase) or upon delivery of the agreed services.
Invoices are payable within 30 days from the end of the month in which they are issued, by bank transfer or cheque.
In the event of late payment by a professional Client, late-payment interest shall automatically become due, without the need for prior formal notice, at a rate equal to three times the French statutory interest rate, together with a fixed €40 compensation for collection costs.
7. Timeframes and Conditions for Performance of the Assignment
The timeframes indicated in the quotation are estimates and may depend in particular on:
- the Client providing all necessary information and documents;
- obtaining any required administrative authorisations;
- third-party contractors fulfilling their commitments.
Signature F.L.O. shall not be held liable for delays attributable to the Client (late submission of documents, delayed approvals) or to the contractors involved in the project.
8. Obligations of Signature F.L.O.
Signature F.L.O. undertakes to perform its assignment with due care and diligence, in accordance with the professional standards applicable to the profession, within the framework of a best-efforts obligation relating to the aesthetic, functional and technical coherence of the project, together with a duty to advise.
Signature F.L.O. shall inform the Client of any planning, co-ownership, safety and accessibility constraints of which it is aware, without being required to carry out a comprehensive structural, structural integrity or regulatory compliance assessment. Where necessary, such assessments fall within the scope of technical consultants or specialised contractors, whose involvement is recommended to the Client.
Where Signature F.L.O. recommends contractors, tradespeople or suppliers, it does so in an advisory capacity, except where an express mandate as referred to in Article 12 has been granted. The final choice of and contractual arrangements with such third parties shall remain the sole responsibility of the Client, who shall enter into contracts directly with them.
9. Client Obligations and Cooperation
The Client undertakes to:
- provide the Service Provider with all information, documents (co-ownership regulations, surveys, existing plans) and access to the premises necessary for the performance of the assignment;
- provide the Service Provider, in order to allow its assignment and fees to be continuously updated, with the initial, amended and additional quotations obtained from and agreed with third-party contractors;
- approve each phase and deliverable in writing (by letter, email or signature) within the deadlines specified in the quotation. Any delay in approval shall result in an equivalent extension of the performance deadlines, without Signature F.L.O. being held liable for such delay;
- ensure, prior to the commencement of any works, that the project complies with applicable planning and building regulations and, where applicable, obtain the required authorisations (prior declaration of works, building permit, authorisation from the co-owners’ general meeting);
- pay all amounts due to the Service Provider by the agreed deadlines.
The Client shall remain solely responsible for all final decisions made by them, including where such decisions differ from the recommendations provided by Signature F.L.O.
Any such adjustment shall be formalised by an amendment signed by both parties prior to its implementation.
Any modification requested by the Client after approval of a phase, any unforeseen discovery affecting the condition of existing structures, networks or structural elements, or any constraint that could not reasonably have been identified when the quotation was prepared, may result in an adjustment to the price and schedule.
10. Modifications, Unforeseen Circumstances and Additional Services
11. Illustrations
Signature F.L.O. does not guarantee that colours displayed on screen or in printed materials will exactly match the products available for purchase.
The Client is responsible for carrying out the necessary checks regarding colours and shades, including by visiting a physical store and/or purchasing the required samples.
Accordingly, Signature F.L.O. shall not be held liable where the selected colour or shade does not exactly match the final result after printing or when viewed on screen.
12. Third-Party Contractors, Subcontracting and Site Supervision Assignment
Unless an express project management or site supervision assignment has been entrusted to the Service Provider and included in the quotation, the Service Provider is not a party to contracts entered into between the Client and the contractors, tradespeople or suppliers involved in the project, and shall bear no liability for the performance, delays or defects affecting such services.
Where Signature F.L.O. is responsible for site supervision or coordination, such assignment shall constitute a best-efforts obligation to coordinate and monitor the overall consistency of the works with the approved project. It shall not constitute any guarantee of the outcome or quality of the physical works carried out by third parties, who shall remain solely responsible for their own services and shall be covered by their own insurance policies (professional civil liability insurance and, where applicable, ten-year structural warranty insurance).
Signature F.L.O. may subcontract all or part of its assignment (technical drawings, 3D modelling, measurements, etc.) to third parties of its choice, under its own responsibility and without any additional fee not previously agreed with the Client.
Signature F.L.O. may invite the Client to enter into a direct and independent contractual relationship with each service provider, after ensuring that the products and services offered meet the Client’s expectations.
13. Insurance and Liability
Signature F.L.O. declares that it holds professional civil liability insurance covering the financial consequences of any civil liability that may arise in connection with its design and consulting services, taken out with a reputable and financially solvent insurance company.
Except where it acts as a “constructor” within the meaning of Articles 1792 et seq. of the French Civil Code (in particular, where the project management assignment includes the design or supervision of works affecting the structural integrity of the building or rendering it unfit for its intended purpose), Signature F.L.O. is not subject to the statutory obligation to hold ten-year structural warranty insurance (“assurance décennale”).
The Client is responsible for verifying, for each project, that the companies carrying out the works hold appropriate ten-year structural warranty insurance and professional civil liability insurance.
The Service Provider shall not be held liable for any damage resulting from inaccurate, incomplete or late information provided by the Client, changes to approved decisions made at the Client’s initiative, or any act or omission attributable to a third party (contractor, supplier or co-ownership property manager).
In any event, except in cases of gross negligence, wilful misconduct or personal injury, the Service Provider’s total liability, for any cause whatsoever, shall be limited to the amount of fees actually received for the assignment concerned. This limitation shall not apply to the extent that it would conflict with any mandatory statutory provision applicable to a consumer Client.
14. Consumer Client’s Right of Withdrawal
- Contracts concluded off-premises or at a distance
For contracts concluded off-premises or at a distance with a consumer Client, the Client has a statutory right of withdrawal under the conditions provided for by the French Consumer Code.
The withdrawal period is fourteen (14) days from the date on which the contract is concluded, unless a specific statutory exception applies.
The Client may exercise this right without having to provide any reason and without incurring any penalties, subject to the applicable statutory provisions.
Early performance and consequences of withdrawal
If the Client wishes the performance of the services to begin before the end of the withdrawal period, they must expressly request this on a durable medium.
If the Client exercises their right of withdrawal during the withdrawal period, the Client shall pay the Service Provider an amount proportionate to the services actually provided up to the time at which the Client notified the Service Provider of their decision to withdraw, in relation to the total services provided for under the contract.
No payment shall be due by the Client if Signature F.L.O. failed to inform the Client beforehand of the existence of the right of withdrawal and of any costs that may be payable in the event of early performance.
If Signature F.L.O. has fully performed the services at the Client’s express request before the end of the withdrawal period, and after the Client has acknowledged that they would lose their right of withdrawal in such circumstances, the right of withdrawal may no longer be exercised.
15. Intellectual Property
Plans, sketches, drawings, designs, mock-ups, 3D visuals and, more generally, all creations produced by the interior designer are protected by copyright insofar as they meet the originality requirements applicable under French intellectual property law.
Signature F.L.O. retains all intellectual property rights in its creations. The Client is granted a personal, non-exclusive and non-transferable right of use, solely for the purpose of carrying out the project at the address specified in the contract.
Any reproduction, distribution, modification or reuse of the Service Provider’s creations for other purposes or at other locations is prohibited without the Service Provider’s prior written consent.
Signature F.L.O. may use photographs of completed projects in its communication materials (website, portfolio and social media), unless the Client expressly objects in writing before the start of the assignment.
16. Subcontracting and Outsourcing of Services
Signature F.L.O. may entrust subcontractors (technical draftspeople, 3D visualisation specialists, etc.) with the performance of certain parts of the assignment, while remaining responsible to the Client for the proper performance of the assignment as a whole.
Signature F.L.O. may also invite the Client to enter into a direct contractual relationship with a third-party Service Provider for the performance of a specific assignment, after ensuring that the products and services offered by such provider meet the Client’s expectations.
17. Personal Data and Privacy Policy
Personal data collected from the Client is used for the management of the contractual relationship (quotations, invoicing and project monitoring) and, where applicable, for sending information about the Service Provider’s activities.
The Client has the rights of access, rectification, erasure and objection under the GDPR and the French Data Protection Act (“Loi Informatique et Libertés”).
The Service Provider’s Privacy Policy is available via the following link: Privacy Policy.
18. Applicable Law
These GTC and the contracts arising therefrom are governed by French law.
- Professional Clients: any dispute relating to the formation, performance or interpretation of the contract shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Service Provider’s registered office, including in cases involving multiple defendants or third-party claims.
- Consumer Clients: in the event of a dispute, the consumer Client may bring proceedings before any court having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where they were residing at the time the contract was concluded or when the harmful event occurred, in accordance with Article R.631-3 of the French Consumer Code.
19. Consumer Mediation and Dispute Resolution
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, any consumer Client has the right to refer a dispute, free of charge, to a consumer mediator for the purpose of seeking an amicable resolution, after first attempting to resolve the matter directly with the Service Provider.
The appointed consumer mediator is:
Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C)
Postal address: 49, rue de Ponthieu, 75008 Paris – France
Email: declarer-un-litige@cm2c.net
Phone: +33 (0)1 89 47 00 14